Nursing & Midwifery Council, R (on the application of) v Rees

Where a professional regulator seeks an urgent extension of an interim restriction, the court must ensure that the respondent receives a genuine opportunity to participate. A short extension may be granted where releasing the respondent to practise would not be in the public interest, but the extension should be limited to the time needed to regularise the application and provide proper notice.

The Nursing and Midwifery Council applied for an extension of an existing order restricting the respondent’s ability to practise. The respondent was unrepresented and did not attend. The application had been brought urgently, shortly before the court’s summer vacation, and the court was concerned that the respondent had not received a real opportunity to understand and oppose it.

The issue was whether a short extension should be granted while ensuring that the respondent was properly notified and could address the court in writing or orally, with or without legal representation.

1. Application granted in part on an interim basis. The court granted a short extension of approximately six or seven weeks because it was not satisfied that it would be in the public interest for the respondent to resume practising before the application could be properly considered.
2. The extension was granted only to allow the applicant to put its application in order and to ensure that the respondent was properly aware of, and placed on notice of, a genuine opportunity to participate. The urgency was substantially self-induced, and the applicant was directed to take immediate steps to contact the respondent by letter, email and telephone.
3. The respondent was to be informed that she could attend court and address the court in writing or orally, with or without legal representation, and oppose the application if she wished. The judge directed attention to the guidance of Mr Justice Green in Kidd concerning the need to avoid a merely technical opportunity to participate.
4. The matter was adjourned to 18 September 2015. The court directed that the order be promptly copied, drawn and sealed.